Fla. Stat. 765.109
Immunity from liability; weight of proof; presumption

(1)

A health care facility, provider, or other person who acts under the direction of a health care facility or provider is not subject to criminal prosecution or civil liability, and will not be deemed to have engaged in unprofessional conduct, as a result of carrying out a health care decision made in accordance with the provisions of this chapter. The surrogate or proxy who makes a health care decision on a patient’s behalf, pursuant to this chapter, is not subject to criminal prosecution or civil liability for such action.

(2)

The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating a health care decision did not, in good faith, comply with the provisions of this chapter.

Source: Section 765.109 — Immunity from liability; weight of proof; presumption, https://www.­flsenate.­gov/Laws/Statutes/2024/0765.­109 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 765.109. Immunity from liability; weight of proof; presumption's source at flsenate​.gov